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(영문) 전주지방법원군산지원 2019.07.16 2018가단2917

양수금

Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 40,000,00 and Defendant B from May 19, 2008 to July 10, 2018.

Reasons

1. Basic facts

A. A. Around May 19, 2008, D: (a) a notary public entrusted a law firm with the preparation of a notarial deed under a monetary loan agreement to the effect that “When the Defendants fail to perform their monetary obligations under this contract, D, the debtor as the defendant Eul, and joint and several sureties, the creditor D, the debtor as the defendant C, and the joint and several sureties as the representative of the creditor and the debtor, and the joint and several sureties, the amount of KRW 40 million as of May 13, 2008 shall be due and payable on May 19, 2008, and the interest and overdue interest shall be 49% per annum; (b) the defendant C shall be jointly and severally guaranteed the above obligation; and (c) if the Defendants fail to perform their monetary obligations under this contract, the notary public entrusted the preparation of a notarial deed under the monetary loan agreement to the effect that there is no objection even if there is no objection, as of the date of the above execution, E Law Firm 2807

B. At the time of commission of the preparation of the notarial deed of this case, D submitted to D a law firm a letter of delegation in the name of the Defendants (hereinafter “the letter of delegation”) and a certificate of personal seal impression issued by Defendant B on May 15, 2008, with the content that D shall delegate D the act of entrusting D with the preparation of the notarial deed of monetary loan loan contract with the content that “the notary public shall pay 40 million won for the debt, the interest and overdue interest 49% on May 13, 2008 on the date of loan, and the date of repayment, May 19, 2008, and the creditor D, Defendant B, Defendant B.

C. Around February 2, 2018, D transferred to the Plaintiff the claims pursuant to the instant notarial deed against the Defendants, and notified the Defendants of the transfer of the said claims on March 20, 2018.

[Based on recognition] Defendant B: A without dispute, each entry of Gap evidence 1 through 6 (including where there is a serial number), and the result of a fact inquiry by a notary public of this court about Law Firm E, Defendant C: Article 208(3)3 of the Civil Procedure Act (by service by public notice)

2. The assertion and judgment

A. The plaintiff's assertion 1 of the parties concerned D is duly authorized by the defendants to prepare the notarial deed of this case.